Phoenix Aggravated Assault Attorney

Last Modified: July 10, 2024
Phoenix aggravated assault attorney

Facing aggravated assault charges in Phoenix can be a stressful experience. It would help to have an experienced criminal defense attorney by your side. Your lawyer should understand the legal system and effectively represent your interests.

At Genesis DUI & Criminal Defense Lawyers, we specialize in defending clients accused of aggravated assault. We ensure they receive a strong defense, as we understand how a felony conviction can change your life.

Our Phoenix aggravated assault attorney is well-versed in the details of criminal law. We know the stress that comes with being charged with aggravated assault. Our legal team is here to walk you through each step of the legal process.

Learn more about a felony aggravated assault charge below. Then, contact us to schedule a free case consultation. Let us defend you against aggravated assault allegations.

What Does an Aggravated Assault Attorney in Phoenix Do?

Our Phoenix aggravated assault attorney believes everyone is innocent until proven guilty

Everyone accused of a crime can be considered innocent until proven guilty. This principle is the cornerstone of the American justice system and guides our defense strategies. A Phoenix aggravated assault attorney ensures that this right is upheld. We scrutinize every detail of the case against you to find any defenses applicable.

As part of our strategy, we evaluate the prosecution's evidence to look for flaws in their case. We advocate strongly on your behalf, challenging the prosecution's claims and working to prevent a conviction.

By holding the prosecution as proof, we protect your rights and aim for a favorable outcome. It's not just about legal representation; it's about ensuring justice and fairness throughout your case.

What is Aggravated Assault?

Aggravated assault, as defined under Arizona law, is an assault that results in serious physical injury or involves a deadly weapon. Due to the severity of the harm or the use of weapons, it goes beyond the scope of misdemeanor assault. It's considered a serious crime and is aggressively prosecuted in Phoenix.

Aggravated assault can take place in various situations, such as during a fight where someone is seriously injured or when someone uses a weapon to threaten or harm another person. It could even happen in a case involving domestic violence. An aggravated assault charge can also apply if the assault is against certain protected persons, like a police officer.

Each aggravated assault case has its own set of facts and legal nuances, making it critical to have a knowledgeable lawyer who can overcome these issues.

Common Types of Aggravated Assault

Common types of aggravated assault

The circumstances in which an assault occurs and its potential for serious harm set it apart. Understanding the various forms of aggravated assault is essential, as it highlights the severity and complexities of these offenses. Here are the common types of aggravated assault:

  • Use of a deadly weapon. If someone uses a weapon to harm or threaten another person, it can elevate the charges to aggravated assault. The use of a weapon increases the likelihood of suffering a serious physical injury, which the courts take very seriously.
  • Serious physical injury. Assaults resulting in severe injuries that require medical attention or cause serious disfigurement or long-term impairment are classified as aggravated assaults. These injuries underscore the gravity of the offense and the need for a serious legal response.
  • Assault against protected individuals. Assaults against public officials, such as police officers, firefighters, or teachers, are considered more severe. These are treated as aggravated assaults due to the societal role the victims play.
  • Assault resulting in substantial bodily harm. This includes cases where the victim experiences considerable bodily harm that impacts their quality of life. Such cases are aggressively prosecuted under aggravated assault statutes.
  • Assault with intent to commit another felony. If an assault is performed to commit another felony, such as robbery or rape, it is also deemed to be aggravated. This reflects the perpetrator's intent and the potential for additional criminal activity.

Differences Between Assault and Aggravated Assault

Assault and aggravated assault are both serious charges, but they differ substantially in the eyes of the law. Assault typically involves a threat or attempt to injure someone else, and it might not involve physical contact.

However, aggravated assault involves more serious factors, like a deadly weapon or serious physical injury to another being. This distinction is critical in determining the severity of the charges and potential penalties.

Aggravated assault is treated more harshly than misdemeanor assaults due to the potential and actual harm inflicted.

Legal Consequences of Aggravated Assault

Legal consequences of aggravated assault

Aggravated assault is a serious felony that can lead to substantial legal penalties. In Arizona, the consequences can range from major fines to long prison incarceration periods. The severity of the punishment often depends on the circumstances of the assault, such as the use of a weapon-threatening force and the extent of injury caused.

According to Arizona Revised Statutes (ARS §13-1204), aggravated assault can result in up to two (2) years in prison. It depends on the class of felony you were charged with. For example, a conviction for a class 2 felony could lead to up to five (5) years in jail. A conviction for a class 6 felony could lead to up to a year in jail.

There are also possible aggravating factors and enhancements for weapons and other details to commit assault. The legal system aims to penalize and deter crime prevention and actions to protect public safety.

What Should You Do If You Are Facing Aggravated Assault Charges?

Facing aggravated assault charges can be a stressful and overwhelming experience. The severity of these charges means you must act swiftly and intelligently to protect your rights and build a strong defense. Here are some crucial steps you should take if you find yourself in this situation:

  1. Contact an attorney immediately. As soon as you know the charges against you, it is important to seek legal representation. An experienced lawyer can be your advocate during your case.
  2. Do not discuss your case. Avoid discussing your case with anyone but your attorney. Anything you say can be used against you in court.
  3. Follow legal advice closely. Your lawyer will provide specific instructions based on your case. It's important to follow this advice meticulously to avoid complicating your situation.
  4. Gather evidence. If you have any evidence that could support your defense, such as messages, emails, or witness information, collect and present it to your lawyer.
  5. Stay calm and compliant. Remain calm and cooperate with your attorney throughout the legal process. This can help your case proceed smoothly.
  6. Understand your charges. Make sure you completely understand the charges against you and the potential consequences. This is critical for making informed decisions.
  7. Prepare for all possible outcomes. Work with your attorney to prepare for various outcomes. Being prepared can help reduce anxiety and improve your ability to handle the situation.

Defenses Against Aggravated Assault Charges

Facing charges of aggravated assault requires a strong defense. Depending on your case, your attorney might employ several strategies. A strong defense can challenge the prosecution's evidence and potentially lead to a reduction or dismissal of face-aggravated assault charges.

Defense # 1: Self-Defense

Claiming self-defense is one of the most common defenses in aggravated assault cases. This defense might apply if you acted to protect yourself from imminent physical injury or harm. It's essential to prove that your actions were a necessary response to the threat you faced.

Defense #2: Lack of Intent

A key element of aggravated assault is the intent to cause harm. This could seriously weaken the prosecution's case if you do not intend to injure or threaten injury. Demonstrating that any harm caused by a simple assault was unintentional or accidental can be pivotal.

Defense #3: Mistaken Identity

In some cases, the wrong person might be accused due to mistaken identity. Establishing that you did not commit the assault is a critical defense. This often involves alibis, witness testimonies, and sometimes video evidence.

The Importance of a Phoenix Aggravated Assault Attorney

The importance of a Phoenix aggravated assault attorney

Genesis DUI & Criminal Defense Lawyers fight for your rights and defend your interests in several ways. We start with investigating cases, negotiating plea deals, and representing clients in court.

An effective defense begins with a thorough investigation. Your attorney will review police reports, witness statements, and any available video surveillance to build a strong defense. Understanding the facts is necessary for challenging the prosecution's version of events.

Sometimes, the best outcome involves negotiating a plea deal with the prosecution. This could mean reduced charges or lighter penalties. Your attorney will evaluate the strengths and weaknesses of your case to guide you through this process.

If your case goes to trial, having a skilled attorney to represent you is invaluable. Your lawyer will present your defense, cross-examine witnesses, and argue on your behalf. Effective courtroom representation can make a huge difference in the outcome of your case.

FAQs for Phoenix Aggravated Assault Attorney

What qualifies as aggravated assault in Phoenix?

Aggravated assault in Phoenix is typically a criminal charge that involves an assault with aggravating factors such as the use of a deadly weapon or dangerous one, causing serious injury, or assaulting a protected class of individuals like police officers.

Can aggravated assault charges be reduced or dismissed?

Aggravated assault charges can be reduced or dismissed with the help of a skilled attorney by challenging the evidence, negotiating plea deals, or proving defenses such as self-defense or lack of intent.

What should I do if I am accused of aggravated assault in Phoenix?

If you are accused of aggravated assault, it is important to seek legal representation immediately. Only speak to the alleged victim or the police with an attorney present, and follow your lawyer's advice to protect your rights and build a strong defense.

Contact Our Phoenix Aggravated Assault Attorney for a Free Case Consultation

Contact our Phoenix aggravated assault attorney for a free case consultation

If you're facing aggravated assault charges, don't hesitate to ask for help. At Genesis DUI & Criminal Defense Lawyers, we offer a free case consultation to discuss your situation and potential defense strategies. Our Phoenix aggravated assault attorney will defend your rights.

Contact us today to schedule a free case consultation.

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